RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03668
		INDEX CODE:  137.00

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

He be allowed to reinstate Survivor Benefit Plan (SBP) coverage for his current spouse.

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APPLICANT CONTENDS THAT:

He was going through a divorce and inquired at Peterson AFB about how to quickly terminate his SBP coverage on his wife.  A xxxx informed him that all he would need to do was complete DD Form 2656-2, Termination of SBP Request, have his spouse sign the request and forward the completed form to DFAS for processing.  The applicant further contends that he asked XXXX. if he would be able to reinstate his SBP in the future if he remarried and XXXX. told him yes he would be able to reinstate his SBP because he was terminating his coverage now to due divorce.  He requests that we review his request and allow him to reinstate his SBP coverage for his current spouse, due to him being improperly counseled. 

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  

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AIR FORCE EVALUATION:

AFPC/DPPTR states that Public Law 105-85, 18 Nov 97, authorized members who had been retired as of 17 May 98 for more than two 
years, a one-year window to disenroll from the SBP.  If the member chose to terminate the SBP, they must complete the DD Form 2656-2, with the spouse's signed notarized consent.  The termination would take effect the month following receipt by DFAS-CL.  When terminating SBP the member is not entitled to a refund of premiums and is barred from reentering SBP.

The applicant contends that he was improperly counseled about the options of having SBP reinstated at a future date.  The applicant wanted to terminate his SBP coverage for his spouse immediately.  The applicant terminated his coverage under the appropriate provision of the law.

DPPTR further states to approve the applicant's request would provide him an opportunity not afforded to other retirees.  They recommend his request be denied.

A complete copy of the evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 25 January 2002, for review and response.  As of this date, no response has been received by this office. 

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant alleges that he received erroneous information regarding future options if he disenrolled under the provisions of PL 105-85.  PL 105-85 provides service members a one-year window to disenroll from SBP providing  they have been  retired for more  than 2 years as of 17 May 98 and that future enrollment is barred.  The applicant submitted the completed DD Form 2656-2 with the notarized signature of his spouse concurring with the termination.  The DD Form 2656 clearly states that once the coverage is discontinued that reenrollment is not possible.  The applicant wanted his 
coverage terminated immediately and he did so under the appropriate provision.  Applicant has not established to our satisfaction that he was unaware of the provisions of termination of coverage and its effects.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Dec 01, w/atchs.
   Exhibit B.  Letter, AFPC/DPPTR, dated 18 Jan 02.
   Exhibit C.  Letter, SAF/MRBR, dated 25 Jan 02.